Greetings Scott,
My daughter and wife own a nail salon in Orlando. I’m up there from time to time.
Let’s play a game of true or false. Once title is in your name or an entity you are the owner of the servicer has to provide an accurate estoppel aka payoff? TRUE. It sounds like you are hoping the court will reverse the sale. So I gather you don’t have title yet? All is possible since the courts have the power to vacate the sale under equity reasons. You are most likely right that the sale would stick unless you can find something that was not done correctly like a procedural defect. For example did they publish timely? Did they include all necessary parties? Lastly how do you know that the satisfaction was not legitimately done? At the minimum you would want to have an evidentiary hearing in the first lien foreclosure case. Also you have a very short time to intervene in that case.
Very few things can be guaranteed in life but once you have title they have to give you an estoppel period. I have seen the team at property onion do it many times. So once you get title reached out to them and tell them you need help getting the estoppel and they will help. They can also help you find the old owners. Foreclosures go fast but not that fast if you know what you are doing. You can also at times negotiate the debt down and receive a satisfaction. Remember don’t assume the other satisfaction is not real till you have actual evidence.
Let’s Meet up in Orlando next time I’m there.
